We never know whether we will be victims of an accident that will leave us with serious injuries. Catastrophic injuries leave us with life-threatening conditions, which can immensely affect our lives. Catastrophic injuries such as spinal cord injuries, soft tissue injuries, and traumatic brain injuries could affect you to such an extent that you may never be able to go to work or do things on your own.
Having an Albuquerque catastrophic injury lawyer by your side ensures that your needs are well-taken care of and that you are well compensated for the injuries. To be well represented and win the case, you need to work with the best personal injury lawyers in Albuquerque. If you have been involved in an accident and suffered catastrophic injuries, contact FBD Law today.
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What Is A Catastrophic Injury?
When we talk of catastrophic injuries, we are talking about those injuries that have serious, life-altering consequences. The effects are usually long term, leaving the victim in pain for a long time. Most catastrophic injuries require surgical treatment. They often involve harm to the spinal cord or brain, causing the victim to have issues with their functional capabilities.
There are different types of catastrophic injuries, including cognitive injuries, spinal cord injuries, and physical injuries.
- Cognitive injuries result from brain damage and may take away a person’s ability to speak or remember things.
- Physical injuries include severe fractures, organ damages, and even burn injuries.
- Spinal cord injuries will primarily affect the spinal cord and cause mobility issues.
The most common catastrophic injuries include severe burns, losing one’s limbs, fatal injuries, amputation, and spinal cord injuries. They are mainly caused by different kinds of accidents, such as truck accidents, medical malpractice, nursing home abuse, car crashes, oil and gas accidents, and many others.
Catastrophic Injury Statistics In New Mexico
One of the most common causes of catastrophic injuries in New Mexico is tragic car accidents. Unfortunately, there are so many careless and drunk drivers on New Mexico’s roads. Research has even shown that New Mexico drivers are among the worst drivers in the US.
Unfortunately, the drivers’ ruthlessness has caused many fatal accidents and left many victims with catastrophic injuries. The studies released by the U.S Centers for Disease Control and Prevention showed that New Mexico’s drinking crisis is unparalleled.
For example, in 2015, 1037, car crashes resulted in severe injuries and deaths because the drivers were drunk. Most of the accidents are caused by drivers below the age of 34, which declines significantly in drivers above 35.
How Is Fault Proven In Catastrophic Injury Claims In Albuquerque?
The first step to determining who is responsible for the catastrophic injury is figuring out what happened and who caused the accident. Accidents must be investigated thoroughly to ensure that the parties responsible pay for their deeds. As a victim, it is your responsibility to know what happened and how you got injured.
You should take photos and videos of the scene to help ensure your lawyer has substantial evidence. Witnesses can also strengthen your injury claim by providing further proof of what happened.
If you happen to file an injury claim, but you are found to be partly at fault for the accident, your claim settlement will automatically be affected. There is a shared comparative fault that states that each party is responsible, depending on their percentage of fault in the accident.
This means that if you file a claim for an injury but are also responsible for causing the accident, the injury award is reduced by the amount you contributed to the accident. If you are 30 percent responsible for the accident in which you suffered catastrophic injuries, you will only receive 70 percent of the injury claim’s award value.
If the injuries were inflicted by a dog, the owners are not deemed negligent unless the victim can prove that the owner was aware of their animal’s dangerous nature and did not prevent the bite. Also, an animal that has never bitten anyone else before is not considered dangerous. However, this rule may not apply if the dog is of a dangerous breed.
What Are The Long Term Effects Of Catastrophic Injuries?
Catastrophic injuries often cause either disfigurement or permanent disability. They may also lead to a chronic illness that alters the normal functioning of one’s body and, as a result, makes one behave abnormally. The latter may occur as a result of being exposed to hazardous chemicals.
After a catastrophic injury, your family will have to suffer because they will be taking care of you. Someone with a spinal cord injury may have limited mobility and need a wheelchair. This could be very devastating, especially if someone had a long and promising future ahead of them.
They would have to give up their dreams, for example, if their career revolved around sports. The extent of the injury will determine how bad the effects will be. Taking care of someone with mobility limitations is difficult because a lot of patience, time, and effort is needed.
Cognitive injuries have a massive impact on victims. Someone who suffers a concussion may start losing consciousness, resulting in short-term memory loss and headaches. The victim will have to be under surveillance to ensure that the concussions don’t overwhelm them.
They may even lose the ability to earn an income, especially if they keep forgetting. More severe problems could lead to speech and vision problems which can affect a person’s confidence and leave them depressed.
What Type of Damages Can You Get From A Catastrophic Injury Claim In Albuquerque?
Seeking a catastrophic injury lawyer’s expertise will ensure that your rights are respected. For an injury to be categorized as a catastrophic injury, it must occur unexpectedly, hinder the victim from getting employed, and immensely weaken them for the predestined future. After an accident, things are usually unpredictable, and recovering takes a long time.
For victims of catastrophic injuries, recovering compensation is crucial for economic stability. There are three categories of damages that victims can be awarded.
- Non-economic damages are awarded for pain and suffering, such as acute pain caused by immediate tissue damage and chronic pain which makes the plaintiff dependent on drugs.
- Economic damages are compensation for monetary losses and expenses caused by the accident. They include medical bills, property damage, vocational rehabilitation, and loss of income, among others.
- Punitive damages are awarded to plaintiffs due to the defendant’s negligence or malicious intentions.
What Are the Statute of Limitations for Catastrophic Injury Claims?
After an accident has occurred, no matter what kind, you should make sure to file a claim if you have been injured significantly. This is because most people end up losing their jobs permanently or temporarily. In Albuquerque, Mexico, the laws regarding injuries state that you should file a claim within a specified time, depending on who caused the injury. Most cases require you to file within two to three years, but if you are making a claim against a governmental body or agency, it could even be less.
Keep in mind that while you are healing, the defendant will be preparing to win the case. Let FBD Law handle the claim for you as you recover. It is best to file a claim as soon as possible so you’re not rushed for time. We will be happy to help you with the claim process. After that, you will have to wait for the claim to be settled with a lawyer’s help.
What is the Cost Of Hiring A Catastrophic Injury Lawyer?
When hiring an Albuquerque catastrophic injury lawyer, ensure that they make their charges clear. If they ask for money before starting the trial, you should not even consider hiring them. After an accident occurs, most of the money usually goes to medical bills and other expenses, which translates to having a tight budget.
However, a catastrophic injury lawyer is usually paid a contingency fee. This is a fee that a plaintiff is supposed to pay their lawyer after fighting and winning the case. If the lawyer fails to emerge successfully, they are not paid any money.
Note that contingency fees are usually common in cases such as personal injuries. It is meant to motivate the catastrophic injury lawyer to ensure that the case goes as the plaintiff wishes. That way, they will not be distracted and will give the case their all. This fee has helped reduce unsubstantiated cases in court and enhanced the victim’s financial security.
Contact An Albuquerque Catastrophic Injury Lawyer Today
Whether it’s a spinal cord injury, brain injury, a lost limb, or something else, a catastrophic injury has a profound impact on the victim’s life. You will most likely find yourself facing a lengthy recovery and costly medical treatment. The injury could leave you permanently disabled. If that happens, you can’t enjoy all the things you once did and might be unable to work.
If you suffered a catastrophic injury because of someone else’s negligence, you don’t have to let it go. FBD Law can help you hold whoever is at fault accountable and recover compensation for your injuries and damages. We are one of the best personal injury firms in Albuquerque. Contact us today for a consultation.